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Phillips v. Hertz Corp.10/18/2005
s were obligated to file a separate notice of appeal if they wished the Full Commission to review the Deputy Commissioner's orders requiring payment of the 10% penalty and attorneys' fees. These orders cannot be deemed encompassed by Phillips' appeal of the Deputy Commissioner's opinion and award since the orders are irrelevant to any of the issues raised by thatopinion and award. Without a notice of appeal, the Full Commission had no indication that defendants wished to pursue review of those orders, especially since defendants also did not file a Form 44 application for review.
The North Carolina Workers' Compensation Rules provide that a party wishing to appeal a decision of the Deputy Commissioner to the Full Commission must file a Form 44 "stat with particularity" the grounds for the appeal, "including the specific errors allegedly committed by the Commissioner or Deputy Commissioner." Workers' Comp. R. of N.C. Indus. Comm'n 701(2), 2005 Ann. R. (N.C.) 943. "Failure to state with particularity the grounds for appeal shall result in abandonment of such grounds." Id.
Since defendants filed no notice of appeal and no Form 44 raising the issue of the propriety of the Deputy Commissioner's orders, the Commission had no notice that the issue was before it and, therefore, did not err in failing to address the question. See Joyner v. Rocky Mount Mills, 85 N.C. App. 606, 608, 355 S.E.2d 161, 162 (1987) ("The record must in some way reflect that the matter was before the full Commission."). We may not re-examine that issue now. Defendants' third assignment of error is, therefore, overruled.
Reversed and remanded.
Judges TIMMONS-GOODSON and CALABRIA concur.
Report per Rule 30(e).
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